2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 BILL LIETZKE, Case No. 3:19-cv-00706-MMD-CLB

7 Plaintiffs, ORDER v. 8 CITY OF BIRMINGHAM, et al., 9 Defendants. 10 11 Plaintiff Bill Lietzke filed this pro se civil rights action. Before the Court is a Report 12 and Recommendation of United States Magistrate Judge Carla Baldwin (“R&R”) (ECF No. 13 4) recommending that the Court dismiss the Complaint (ECF No. 1-1).1 Plaintiff had until 14 March 3, 2020 to file an objection. To date, no objection has been filed. For that reason, 15 and because the Court agrees with Judge Baldwin, the Court will adopt the R&R. 16 This Court “may accept, reject, or modify, in whole or in part, the findings or 17 recommendations made by the magistrate judge.”

(b)(1). Where a party 18 fails to object, however, the court is not required to conduct “any review at all . . . of any 19 issue that is not the subject of an objection.” Thomas v. Arn,

(1985); 20 see also United States v. Reyna-Tapia,

(9th Cir. 2003) (“De novo review of 21 the magistrate judges’ findings and recommendations is required if, but only if, one or both 22 parties file objections to the findings and recommendations.”) (emphasis in original); Fed. 23 R. Civ. P. 72, Advisory Committee Notes (1983) (providing that the court “need only satisfy 24 itself that there is no clear error on the face of the record in order to accept the 25 recommendation”). 26 /// 27

28 1Plaintiff did not file an in forma pauperis application or filing fee with the Complaint. (ECF No. 1.) 1 While Plaintiff has failed to timely object to the R&R, the Court has nevertheless 2 || conducted a de novo review to determine whether to adopt the R&R. Having reviewed the 3 || R&R (ECF No. 4), Complaint (ECF No. 1-1), and Plaintiff's Notice (ECF No. 3), the Court 4 || agrees with Judge Baldwin and adopts the R&R in full. Judge Baldwin recommended that 5 || the Court dismiss the Complaint because Plaintiff was previously deemed a vexatious 6 || litigant under

(a) and was required to “obtain[] leave from the Chief Judge 7 || of this court” but failed to do so here. (ECF No. 4 at 1 (citing to Lietzke v. City ol 8 || Montgomery, No. 2:17-cv-2873-JCM-VCF,

, at *1 (D. Nev. Feb. 2, 9 || 2018)).) 10 It is therefore ordered, adjudged and decreed that Judge Baldwin’s R&R (ECF No. 11 || 4) is accepted and adopted. 12 It is further ordered that the Complaint (ECF No. 1-1) is dismissed with prejudice. 13 The Clerk of Court is directed to enter judgment in accordance with this order and 14 || close this case. 15 DATED THIS 5" day of March 2020. 16 a> 17 4 LL J IRANDA M. DU 18 CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28